Shewchuk v Shtembari
Last updated: August 9, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Shewchuk v Shtembari, LTB-T-069993-25, 2026 ONLTB 28686
File Number: LTB-T-069993-25
Timeline
Hearing Date
Apr 2026
Order Date
Apr 21, 2026
Decision
The application is dismissed because the Tenant failed to meet the burden of proof required to establish bad faith under section 57 of the Act.
Dispute
The Tenant filed an application alleging that the Landlord issued an N12 notice of termination in bad faith. The Tenant alleged the Landlord did not occupy the unit as required and that the notice was an act of reprisal for a rent increase dispute. The Landlord maintained they moved into the property and performed renovations.
Determinations
- The Tenant failed to prove on a balance of probabilities that the Landlord acted in bad faith or did not move into the rental unit.
- The Landlord successfully demonstrated that the property was occupied and that renovations were performed for personal use.
- The claim of reprisal was not supported by evidence of an ongoing dispute or pattern of conduct.
Landlord's Arguments
Arguments
The Landlord argued that capital improvements justified the rent increase, and that delays in full occupancy were due to extensive renovations.
Actions and Evidence
The Landlord testified they moved into the basement suite and eventually the main floor, and that renovations were necessary before full occupancy. The Landlord stated the basement suite remains vacant.
Considerations
Tenant's Arguments
Arguments
The Tenant argued the N12 was an act of reprisal for a rent increase dispute and that the Landlord did not occupy the unit.
Actions and Evidence
The Tenant alleged the Landlord's renovation permit was inaccurate and that the Landlord did not move into the unit in a reasonable time. The Tenant also suggested the Landlord was lying about appliance sizes.
Considerations
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